Fair Haven Village City Zoning Code
ARTICLE IX
General Provisions
§ 150-49 Amendment of provisions.
A.
The Board of Trustees may from time to time on its own motion, or on petition, or on recommendation of the Planning Board or the Zoning Board of Appeals, amend, supplement or repeal the regulations and provisions of this chapter after public notice and hearing.
B.
Every such proposed amendment or change shall be referred to the Planning Board for report thereon before the public hearing hereinafter provided for. The Trustees, by resolution adopted at a meeting, shall fix the time and place of public hearing on the proposed amendments and cause notice to be given as follows;
(1)
By publishing a notice of the time and place of the hearing at least 10 days prior to the date of such hearing in a paper of general circulation.
(2)
A written notice of any proposed change or amendment affecting property within the protectively zoned area of a house project authorized under the Public Housing Law, as such area is shown on an approved Zoning Map filed with the Zoning Officer,[1] shall be given to the Housing Authority erecting or owning the project and to the government providing financial aid for assistance thereto at least the 10 days prior to the date of such hearing.
[1]
Editor's Note: A copy of the Zoning Map is on file in the office of the Village Clerk, where it may be examined during regular business hours.
(3)
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any state park or parkway shall be given to the Regional State Park Commissioner having jurisdiction over such state park or parkway at least 10 days prior to the date of such public hearing.
(4)
A written notice of any proposed change or amendment affecting property within 500 feet of the boundaries of any city, Village, town or county shall be given to the Clerk of such municipality and to the Clerk of the County Legislature at least 10 days prior to the date of such hearing.
(5)
In case, however, of a protest against such change signed by the owners of 20% or more of the area of land included in such proposed change or of the immediately adjacent extending 100 feet therefrom or of that directly opposite thereto, extending 100 feet from the street frontage of such opposite land, such amendment shall not become effective except by the favorable vote of at least four members.
§ 150-50 Referral to County Planning Board.
As required under § 239-m of the New York State General Municipal Law, certain variances, special permits and amendments shall be referred to the County Planning Board for review and recommendations. Such referrals shall be made for proposed variances, special permits and amendments which affect land within 500 feet of the boundary of the city, Village or town, or of the boundary of any county or state park or other recreational area, or of any county or state park or other recreational area, or of any county or state parkway, expressway, throughway or other road or highway, or of the right-of-way of any stream or drainage channel owned by the county or for which the county has established lines, or of any county or state lands on which a public building or institution is situated. Within 30 days of referral, the County Planning Board shall report its recommendation and shall support them with a full statement of its reasons. If the County Planning Board fails to report, actions on the proposals may proceed. If the County Planning Board disapproves the proposal or recommends modifications thereof, the town agency having jurisdiction shall not act contrary to such disapproval or recommendation except by a vote of a majority plus one of all the members thereof and after a resolution fully setting forth the reasons for such action.
§ 150-51 Enforcement; remedies.
In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used in violation of this chapter or any other local law or other regulations made under authority conferred thereby, the proper local authorities, in addition to other remedies, may institute any appropriate action or proceedings to prevent any illegal act, conduct, business or use in or about such premises, and, upon the failure or refusal of the proper local officer, board or body to institute any such appropriate action or proceeding for a period of 10 days after written request by a resident taxpayer so to proceed, any three taxpayers residing in the district wherein such violation exists, who are jointly or severally aggrieved by such violation, may institute such appropriate action or proceeding in like manner as such local officer board of body is authorized to do.
§ 150-52 Penalties for offenses.
[Amended 4-15-2025 by L.L. No. 2-2025]
A.
For any and every violation of the provisions of this chapter, the owner, general agent or contractor of a building or premises where such violation has been committed or shall exist; the owner, general agent, contractor, lessee or tenant of any part of a building or premises in which part such violations have been committed or shall exist; and the general agent, architect, builder, contractor or any other person who knowingly commits, takes part in or assists in any such violation or who maintains any buildings or premises in which any such violations shall exist, shall be liable, upon conviction thereof, to a fine or penalty of $250. Each week's continued violation shall constitute a separate additional violation.
B.
Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and be filed with the Zoning Officer, who shall properly record such complaint and immediately investigate and report thereon to the Trustees.
§ 150-53 Severability.
It is hereby declared to be the legislative intent that:
A.
Should the courts declare any provisions of this chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions of this chapter shall continue to be separately and fully effective.
B.
Should the courts find the application of any provision or provisions of this chapter to any lot, building or other structure or tract of land to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the person, property or situation immediately involved in the controversy, and the application of any such provision to the other persons, property or situation shall not be affected.
§ 150-54 Repealer.
The local law effective October 17, 1977, and entitled the "Zoning Law of the Village of Fair Haven," and all other amendments, are hereby repealed. All other existing laws or parts of laws in conflict with this chapter, to the extent of such conflict and no further, are hereby repealed.
§ 150-55 When effective.
This chapter shall take effect 10 days after its adoption.